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Home My WebLink About830952.tiff RESOLUTION RE: APPROVAL OF PERFORMANCE WARRANTY FOR LEHR PIT AND AUTHORI- ZATION FOR CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County has submitted an application to the Mined Land Reclamation Division for a permit to conduct a mining operation known as Lehr Pit on Property described as S1 SE', Section 1, Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , the Colorado Mined Land Reclamation Act, CRS 1973, 34-32-101 et seq. , as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board receives a Performance Warranty that is a written promise to comply with all applicable requirements of the Act, and WHEREAS, the Board of County Commissioners has been pre- sented with a Performance Warranty which states the terms and conditions, a copy being attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deems it in the best interests of Weld County to approve said Performance Warranty. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the aforementioned Performance Warranty be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board be, and hereby is, authorized to sign said Performance Warranty. 830952 Page 2 RE: PERFORMANCE WARRANTY - LEHR PIT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of December, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS ATTEST tilt? /J 4� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Chuck/Carlson, Chairman By C/l�Y�� 1 /-�l u r)27/Lff eJ D puty County C erk n T. Martin, Pro-Tem APPROVED AS TO FORM: glA1/612?-egAttAS Gene R. Brantnera-/P C--- 7L-A--> OC: 4-r-CO >2-152 -wvi,,,—.County Attorn y Norman Carlson Senson DAY FILE: December 21, 1983 4.. Ty/ !. f--` gr./ DEPARTMENT OF NATURAL RESOURCES * �"( p * David H.Getches,Executive Director • � ` MINED LAND RECLAMATION DIVISION '. 1876 DAVID C. SHELTON, Director Richard D.Lamm Governor PERFORMANCE WARRANTY - Operator: WELD COUNTY Operation: 112 - Regular Mine Operation Open Pit Permit No: File No. 83-213 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et seq. (the "Act") , as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, WELD COUNTY (the "Operator"), a Governmental Agency corporation, has applied for a permit to conduct a mining operation known as Lehr Pit (the "Operation") on certain lands in Weld County, Colorado. These lands are described in Exhibit A, attached hereto, and are referred to herein as the "Affected Lands." WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Weld County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act with respect to the Affected Lands. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 Financial .Jarranty Exhibit A File No. : 83-213 Operation Name: Lehr Pit Legal Description: South half of the Southeast quarter, Section 1, Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Elevation = 5566. 4 miles southeast of Carr. Colorado Acreage: 20.0 Acres County: Weld State: Colorado 34-32-101 at seq. , C.R.S. 1973, as amended (Rev. 8/83) Doc. No. 4933 -2- • The Operator further promises the Board, pursuant to 34-32-112(1 ) (d) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator' s obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Operator has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. Signed and dated this 12th day of December 1983 WELD COUNTY Operator By B i� uc ar son, airman Board of Weld County Commissioners -3- NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE OF Colorado ss. COUNTY OF Weld The foregoing instrument was acknowledged before me this 19th day of December , , by Chuck Carlson as Chairman of the Board of Weld County Commissioners MARY ANN FEUER-17N Weld County Clerk 5 Recorder - ./477A f 915 10th Street ADDRESS Greeley, CO 80631 ADDRESS My Commission expires: APPROVED: State of Colorado Mined Land Reclamation Division Mined Land Reclamation Board _ By Date , Director Doc. No. 1856 (Rev. 3/83) 1 6 ." J DEPARTMENT OF ENGINEERIN Pc 11 ,y PHONE(303)356-40 4 ` ,1 P.O. Sox GREELEY,COLORADO 806. S • ;�1!!►..1\7 COLORADO November 21, 1983 Mr. Peter V. O'Connor • Reclamation Specialist Mined Land Reclamation Division 423 Centennial Building 1313 Sherman Street Denver, CO 80203 RE: Reclamation Costs , Exhibit L Dear Mr. O' Connor: According to Section 39-32-117 . (1) (E) of the "Colorado Mined Land Reclamation Act" , as amended, county govern- ments may substitute a written guarantee in lieu of surety. Weld County is hereby guaranteeing that the Lehr Pit will be reclaimed in accordance with the terms of the Permit and section 34-32-116 , and recognize the cost will be approximately $7, 000. 00.. Thank you for your cooperation. Sincerely, ^ i 0,0 "-� • Drew L.Sc elti Director of Engineering DLS/dm 28 EXHIBIT L EX..IBI1 L RECLAMATION COSTS Due to the type of proposed reclamation, the site conditions, and final land use, the costs of reclamation are expected to be minimal . Good management and control during the mining operation by the County Engineer will minimize the expense to Weld County (the owner .and operator). Reclamation costs are estimated to be as follows: Site preparation $50.00/Acre Fertilization, Seed & Planting $200.00 Mulch $100.00 $350.00/Acre Total Cost =. 20 Acres X $350.00 = $7000.00 The attached letter guarantees reclamation of the site by Weld County. • • P7 EXHIBIT L . pp cot Fed P9„. i.< II O DEPARTMENT OF NATURAL RESOURCES * kr,o` * David H.Getches,Executive Duector /1 J ��.,oeF. �I�^`�'rr--�� LA t,A A' )r�a^'. � it r ' �r, ggQ ,�teaa ^I� Ai Y }1876 ;` PAINED D i1179709� ar114: . Or' DiViSiO ;F�s, f DAVID C.SHELTON, Director 1 C V / I c Richard D.Lamm Govemor ' Cii f i , �'"December 2, 1983 � ,,,y ► Mr. Don Carroll Weld County - Department of Engineering • 933 North 11th Avenue P.O. Box 758 Greeley, Colorado 80631 Re: Lehr Pit - File No. 83-213 Dear Mr. Carroll : I have reviewed this application for adequacy and have the following questions and comments which must be addressed in detail at least 5 days prior to the February 22-23, 1984 meeting of the Mined Land Reclamation Board. A. Exhibit D - Mining Plan 1. The soil inventory for this site indicates that the proposed Lehr Pit contains Cascajo gravelly sandy loam. The surface layer is dark grayish brown gravelly sandy loam, 3 inches thick. The next layer is calcareous, very gravelly loamy course sand, 21 inches thick. In order to provide an appropriate growth medial forthe proposed reclamation plan, the staff recommends that, prior to mining, the top 6 inches of gravelly sandy loam be stripped and stockpiled. This results in the salvage and stockpiling of 806 cubic yarbs of the uppermost 6 inches of soil per acre. 2. Please describe where the topsoil stockpiles will be located. 3. Topsoil stockpiles must tie graded and contoured to reduce erosion problems and facilitate planting. Stockpiles which are to remain for more than one growing season must have a grass cover crop planted to further reduce wind and water erosion problems. 4. The staff understands that grading will be done concurrent with mining. The staff recommends tnat, as mining is completed, in addition to grading and where there will be no additional disturbance, the operator replace the topsoil and seed the area. 5. Please state what the maximum number of disturbed acres will be prior to initiation of final reclamation. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 • Mr. Don Carroll -2- December 7, 1983 B. Exhibit E - Reclamation Plan 1. It is the staff's understanding that the operator will replace a minimum of the top 6 inches of soil upon completion of grading, when the graded area will no longer be disturbed. C. Exhibit G - Water Information 1. The Colorado Division of Water Resources is reviewing this portion of the application. A copy of their review will be sent as soon as it is available. • 2. The staff concurs with the reclamation plan outlined by the Soil Conservation Service as outlined on pp. 21-26 in Exhibits I and J. The staff understands that the operator will follow all of the suggestions of the SCS, as outlined. D. Exhibit L - Reclamation Costs 1. I have enclosed a Performance Warraty form to be filled out and signed by the Chairman of the Board of Canty Contissioners. This Performance Warranty takes the place of a written guarantee. Please be certain to send the original to me. 2. The staff would like to point out that the suggested reclamation costs are extremely low and unrealistic as to what it would cost to reclaim the site according to the plan. Since the operator does not submit a Financial Warranty, it will be unnecessary to provide amended figures. I look forward to hearing from you shortly. Please feel free to contact me if there are any questions. Sincerely, • • awe-4=c James B. iMIcArdlc, Senior Reclamation Specialist JBM/mmt Enclosure Doc. No. 7599 PUBLIC NOTICE Weld County - Department of Engineering 933 North 11th Avenue Greeley, Colorado 80631 Phone 356-4000, Ext. 4750 has filed an application for a Mining and Reclamation permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Mined Land Reclamation Act. The proposed sand and gravel mine is located at the S1 SE', Section 1, Township 10 North, Range 67 West of the 6th P.M. , Weld County, Colorado. The proposed date of commencement is March 1, 1984 , and the pro- posed date of completion is approximately fifteen to twenty years later. The proposed future use of the land is prairie grassland. Additional information and tentative hearing date may be obtained from the Mined Land Reclamation Board, Room 423, 1313 Sherman Street, Denver, Colorado 80202 (303) 866-3567, or Weld County Clerk and Recorder, 915 10th Street, Greeley, Colorado 80631, or the above-named applicant. Written comments must be filed with the Mined Land Reclamation Board by 5 : 00 P.M. on February 15, 1984 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 4, 1984 PUBLISHED: January 5, 12, 19 and 26, 1984 , in the LaSalle Leader s / , ,- Affidavit of Publication STATE OF COLORADO, 1 55. County of Weld, ft I . Pr.LA- 1 mass«- `1 of said County of Weld, being duly-sworn, say that.- I am publisher of RISC NOTICE UA Co-.Lle_ z«d Qv . WWIyyb .i te-ar• that the same is a weekly newspaper of general circulation petit printed and published in the !line HBs town cf LA S 11 i1i1 ' in said county and state: that the notice Cr advan u hrealYYseke e dee Celrede tisement, of which the annexed is a true copy. rats s tam has ben published in eptd weekly newspaper f> lsM eseRse The sus�M an a for `'`r C ronsacative nw sl M beefed of Br SN weeks. that the nonce was published in the Taft.MMoak regular and entire issue of every number of said fare C lest""r w r:w:.wM'•Celesta"- newspaper during the psnod and time of publi- s`seesnMdilwau.roacesset cation of said notice and in the newspaper Mini I,IdKYetY______wof proper and not in a supplement thereof: 'hat the steespisessi-e Y ner fey Mee S first publication at said not:ce was contained in sea"le Ile The node the issue a of said newspaper bearing date. the Seal Imieranlasel tat*1M w ee am be aims hi.' S.Modday of J n.^-1 A.G.. 1.9.23_ Ire Ilede2 *ands Sore et5, and the last publication thereof. in the issue of snobSionnetionasSMt 11164567.et said aewapaDer bearing date, the 2 6 day of WS • Ca*Chiliapt Refl.NS lath S r''t"a- 19 that the said ass Cie Sky.Colorado obeepore Siert ,or the WduucearaMfnwlbp*Matta rhe ._ P.M.VM leedR�pNraNr Bond by 5,:00 has been published continuously and uninterrupt. Patinae ab,1980. edly during the period of at least fifty-two con- Sam OFcowry secunw weeks next prior to the first issue thereof COMMONERS WELD COMM,COLORADO contatninq said notice or edvenmement above referred to: and that said newspaper was at the BY:MARYANNFEUERSTEIN time of each of the publications of said notice, COUNTY CLERK AND RECORDER AND CLERK duly qualified for that pis pose within the mean- TO THE BOARD inq of an act, entitled. "An Act Concerning Legal BY:Mary Reef,Deputy Notices. Advertisements and Publications, and the Fees of Printers and Publishers thereof, and DATED:January 4,1964 to Repeal all Acts and Parts of Acts in Conflict Published in the La Salle Leader with the Provisions of this Act." approved April 7, Thursdays, January 5, 12, 19 and 26, 1921, and all amendments thereof, and particu- 198a. lady as amended by an cat approved. March 30. 1923. ar5d-c r rapproveedd May 18, 31.itt'CWPu slier Subscribed gad sworn to before me this ,22 day of ..._ G�Q!1/ A.D., 19.x!".. • My commission expires . �[ - Notary A_blic )SEY <tDI9 WC.RD. 54 GREELEY, Co 80631 i I I2 .o nor'1'4 6- ^ , �J ooa g 111 V J O CV 2 p O a I l.- 4 CV 2 -J co .= W¢ NI co I �+ $ $g \ _/�.El I cc g N RS � Hid N �� I III s ri C O a O ` y�¢aj$ O L) R LL < f"`r P• U 2 L O LL J ' B O U 7) u. _= Z � � r IiltlIIfl ~ 11 Z' x 5 s A i a `� e m �tt w O Z >y L�r) U O Y a 8 > u� U O� # F °" k m § O gmrt in UJ - U to ¢ D r ai V1 U] , — n a ': P9 Form 3811,JuIY 1982 7l O RETURN RECEIPT ei N J -- -- N a z io L() p 5:` `O � w m " N roM y o b o m o I rr cc U ow iJ Z LL ;o a 0 0 I` ¢ w= UI rI z 2 > 0 O E O C Z¢ Z 'I ' ND c u m n a cc"" .Z •C m m n g O ILL BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO �,�\.�^ PO. BOX 758 / ' -� JAN-6'.s (r- GREELEY. COLORADO 8063] gETRQU PT ESTED Richard Melton li-l"4 I CERTIFIED Bunker Hill Road r+� Tmt.7.• 1 P 497 725 221. 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